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chapter one

General rule

Article 1 The name of this Foundation is China Literature and Art Foundation. English translation of China Literature and Art Foundation. Article 2 The Foundation belongs to the public offering foundation. The geographical scope of the Fund's public offering is: inside and outside People's Republic of China (PRC). Article 3 The purposes of this Foundation are: according to the national literature and art policy, to fund the creative projects of outstanding literature and art projects and cultivate outstanding literary talents; Funding cultural and artistic exchanges and cooperation activities at home and abroad to support the development of multiculturalism; Committed to promoting international exchanges in China's literary and art circles and promoting China's culture and art to "go global"; Strive for the support and donation of social groups, enterprises and individuals who love and care about China's culture and art at home and abroad, and effectively integrate social resources; Funding the protection and inheritance of intangible cultural heritage, and supporting the literary and artistic undertakings in the old, less developed, marginal and poor areas; Carry out cultural activities beneficial to society and people's lives, and promote the prosperity and development of Chinese literature and art. Article 4 The original fund amount of the Foundation is RMB 8.97 million. Article 5 The registration authority of this Foundation is the Ministry of Civil Affairs of the People's Republic of China, and the business authority is the China Federation of Literary and Art Circles. Article 6 The domicile of the Foundation: Beijing.

chapter two

scope of business

Article 7 The business scope of public welfare activities of the Foundation: (1) Funding major national cultural and artistic projects, exhibitions, screenings, exhibitions and broadcasts, etc. ; Support and fund cultural public welfare projects in all provinces, municipalities and autonomous regions, especially in the central and western regions. (two) to commend and reward artists and literary projects that have made outstanding contributions to China's cultural and artistic undertakings; Caring for old artists; Organize a team of cultural and artistic volunteers. (3) Holding various cultural and artistic public welfare activities; Initiate emergency fund-raising and rescue in response to public emergencies. (four) funding foreign cultural and artistic exchanges and training projects; Provide consulting, undertaking and services for cultural and artistic public welfare projects and activities carried out by domestic and foreign institutions, organizations, groups, enterprises and individuals. (five) to carry out cultural and artistic training; To support audio-visual editing and publishing books and periodicals that are beneficial to cultural and artistic undertakings and serve cultural construction.

chapter three

Organization and person in charge

Article 8 The Foundation consists of 25 directors. The term of office of the directors of the foundation is 5 years, and they can be re-elected if they are re-elected. Article 9 Qualifications of directors: (1) A well-known person who is enthusiastic about the cause of literature and art in China; (two) people who have made important contributions to the cause of literature and art in China; (three) the main donors of the foundation; (four) experts, scholars and enthusiasts in the field of literary and artistic public welfare. Article 10 Generation and removal of directors: (1) When the board of directors changes, the competent business unit, the board of directors and major donors jointly nominate candidates and organize a leading group for the change, and organize all candidates to jointly elect a new board of directors. (2) The removal and addition of directors must be approved by the Council and reported to the competent business unit for approval. (3) The results of election and recall of directors shall be reported to the registration authority for the record. (4) Those who have close relatives shall not serve on the board of directors at the same time. Article 11 Rights and obligations of directors (1) Attending board meetings; Express opinions on major decisions of the Association; To handle affairs of election, being elected and voting; (2) The right to participate in activities organized by the Foundation; (3) Having the right to criticize, supervise and make suggestions on the daily work of the Foundation; Reflect the situation to the Foundation and provide relevant information; (four) abide by the articles of association of the foundation and safeguard the legitimate rights and interests of the foundation; (5) Enthusiastic support for the work of the Foundation; (6) Not to be absent from the board meeting for two consecutive times. Article 12 The decision-making body of the foundation is the board of directors. The Council shall exercise the following functions and powers: (1) to formulate and amend the articles of association; (two) to elect and recall the chairman, vice chairman and secretary general; (3) Deciding on plans for major business activities, including plans for fund raising, management and use; (4) Annual budget and final accounts; (five) to formulate internal management system; (six) to decide on the establishment, alteration and cancellation of offices, branches and representative offices; (7) To decide on the appointment of deputy secretaries-general nominated by the Secretary-General and principal responsible persons of various institutions; (eight) to listen to and consider the work report of the Secretary-General and inspect the work of the Secretary-General; (9) To decide on the division, merger or termination of the foundation; (10) To decide on other major matters. Article 13 The Council shall meet twice a year. The meeting of the board of directors shall be convened and presided over by the chairman. More than 1/3 directors proposed that a board meeting must be held. If the chairman is unable to convene the meeting, the convener may be elected by the proposing director. When convening a board meeting, the chairman or convener shall notify all directors and supervisors five days in advance. Article 14 The meeting of the board of directors can only be held when more than two thirds of the directors are present. The resolution of the board of directors shall be valid only if it is approved by more than half of the directors present. Resolutions on the following important issues must be voted by the directors present at the meeting, and more than two-thirds of them are valid: (1) amending the articles of association; (two) to elect or recall the chairman, vice chairman and secretary general; (3) Major fund-raising and investment activities stipulated in the articles of association; (4) Division and merger of foundations. Article 15 Minutes of meetings of the Council shall be made. Where a resolution is made, minutes shall be made on the spot, which shall be reviewed and signed by the directors present at the meeting. If the resolution of the board of directors violates laws, regulations or articles of association and causes losses to the foundation, the directors who participated in the resolution shall bear the responsibility. However, if it is proved that the director opposed the voting and recorded it in the minutes of the meeting, he may be exempted from liability. Article 16 The Foundation shall have 3 to 5 supervisors. The term of office of a supervisor is the same as that of a director, and can be re-elected at the expiration of the term. Article 17 Directors, close relatives of directors and foundation accountants shall not serve as supervisors. Article 18 Election and removal of supervisors: (1) Supervisors shall be elected by major donors and competent business units respectively; (two) the registration authority according to the needs of the work; (3) The change of supervisors shall conform to the procedures for its formation. Article 19 Rights and obligations of supervisors: The supervisors shall inspect the financial and accounting materials of the Foundation according to the procedures stipulated in the Articles of Association, and supervise the compliance of the Council with laws and articles of association. The supervisor has the right to raise questions and suggestions to the board of directors, and report the situation to the registration authority, the competent business unit and the competent tax and accounting departments. Supervisors shall abide by relevant laws and regulations and the articles of association of the Foundation and faithfully perform their duties. Twentieth directors who receive remuneration from the foundation shall not exceed 0/3 of the total number of directors. Supervisors and directors who do not hold full-time positions in the foundation shall not receive remuneration from the foundation. Twenty-first foundation directors shall not participate in the decision-making of related matters when their personal interests are related to the interests of the foundation; Directors, supervisors and their close relatives of the Foundation shall not engage in any transactions with the Foundation. Article 22 The Council shall have a chairman, a vice-chairman and a secretary-general, who shall be elected by the directors from among themselves. Article 23 The chairman, vice-chairman and secretary-general of a foundation must meet the following conditions: (1) They have great influence in the business field of the foundation; (2) The maximum age of the chairman, vice-chairman and secretary-general shall not exceed 70, and the secretary-general shall be full-time; (3) Being in good health and able to stick to normal work; (4) Having full capacity for civil conduct. Article 24 A person who is under any of the following circumstances cannot serve as the chairman, vice-chairman or secretary-general of the Foundation: (1) He belongs to the current national staff; (2) Being sentenced to public surveillance, criminal detention or fixed-term imprisonment for a crime, and the execution has not been completed for more than five years; (3) Being sentenced to deprivation of political rights due to a crime, being executed or being sentenced to deprivation of political rights; (4) Being the chairman, vice-chairman or secretary-general of a foundation whose registration has been cancelled due to violation of laws, and being personally responsible for the illegal acts of the foundation, and less than five years have passed since the date of cancellation of the foundation. Article 25 The term of office of the chairman, vice-chairman and secretary-general of the Foundation shall be five years, and the term of office shall not exceed two terms. If it is necessary to be re-elected for more than the last term due to special circumstances, it shall be approved by the special procedures of the Council, reported to the competent business unit for review, and approved by the registration authority before taking office. Article 26 The chairman of the foundation is the legal representative of the foundation. The legal representative of the foundation does not concurrently serve as the legal representative of other organizations. The legal representative of the Foundation shall be a resident of Chinese mainland. During the term of office of the legal representative of the Foundation, if the Foundation violates the Regulations on the Administration of Foundations and the Articles of Association, the legal representative shall bear relevant responsibilities. If the legal representative neglects his duty, resulting in illegal acts or property losses of the Foundation, the legal representative shall bear personal responsibility. Article 27 The chairman of the foundation shall exercise the following functions and powers: (1) To convene and preside over the meetings of the board of directors; (two) to check the implementation of the resolutions of the Council; Signing important documents on behalf of the Foundation; (four) presided over the discussion, planning and decision-making of the annual work plan. Article 28 The vice-chairman and the secretary-general of the Foundation shall work under the leadership of the chairman. The executive vice-chairman gives specific guidance to the work of the Foundation, and the Secretary-General is responsible for the daily work of the Foundation and exercises the following powers: (1) Presiding over the daily work and organizing the implementation of the resolutions of the Council; (2) Organizing the implementation of the annual public welfare activity plan of the Foundation; (3) To draw up plans for raising, managing and using funds; (4) To formulate internal management rules and regulations of the Foundation and submit them to the Council for approval; (five) to coordinate the work of various agencies; (six) to propose the appointment or dismissal of the Deputy Secretary-General and the person in charge of finance, which shall be decided by the Council; (seven) to propose the appointment and removal of the principal responsible persons of various institutions and report them to the Council for approval; (eight) to decide on the employment of full-time staff in various institutions; (9) The articles of association and other powers granted by the board of directors.

chapter four

Management and use of property

Article 29 The foundation is a public offering foundation, and its income comes from: (1) state financial funds; (2) Income from organizing social fund-raising activities; (3) Voluntary donations from natural persons, legal persons or other organizations; (4) investment and value-added income; (5) Other lawful income, etc. Article 30 When organizing fund-raising and accepting donations, foundations shall abide by national laws and regulations and carry out public welfare activities in accordance with the purposes stipulated in the articles of association and the business scope of public welfare activities. Article 31 When organizing fund-raising, the foundation shall announce to the public the detailed plans for the public welfare activities and the use of funds to be carried out after fund-raising. Major fund-raising activities shall be reported to the competent business unit and the registration authority for the record. The Foundation shall not apportion donations in any form or in disguised form. Article 32 The property and other income of the Foundation shall be protected by law, and no unit or individual may occupy, privately divide or misappropriate it. Article 33 The foundation shall use the property in accordance with the purposes stipulated in the articles of association and the business scope of public welfare activities; The donation agreement stipulates the specific purpose of the donation and shall be used in accordance with the provisions of the donation agreement. When the donated materials cannot be used for the purpose of the foundation, the foundation can auction or sell them according to law, and the income will be used for the purpose of donation. Article 34 The property of the Foundation is mainly used for: (1) public welfare expenditures for cultural projects and cultural activities that conform to the purposes and articles of association of the Foundation; (two) the project management fees of public welfare funded projects; (3) Wages, benefits and administrative expenses of the staff of the Foundation. Article 35 Major fund-raising and investment activities of the Foundation refer to: (1) large-scale fund-raising activities carried out nationwide and facing the public; (2) Investment and business activities with an amount exceeding 6,543,800 yuan. Article 36 The annual expenditure of the foundation for engaging in public welfare undertakings as stipulated in the articles of association shall not be less than 70% of the total income of the previous year. The salary, welfare and administrative expenses of the staff of the Foundation shall not exceed 65,438+00% of the total expenditure of that year. Article 37 The wages, insurance and welfare benefits of the full-time staff of the Foundation shall be implemented with reference to the provisions of relevant state institutions. Article 38 foundations shall disclose the types, application and evaluation procedures of public welfare funded projects. Thirty-ninth donors have the right to inquire about the use and management of donated property from the Foundation, and put forward opinions and suggestions. The foundation shall give a timely and true answer to the donor's inquiry. If the foundation uses the donated property in violation of the donation agreement, the donor has the right to require the foundation to abide by the donation agreement or apply to the people's court to cancel the donation or terminate the donation agreement. Article 40 A foundation shall sign an agreement with the donee to stipulate the mode and amount of funding, as well as the use and mode of use of funds. The foundation has the right to supervise the use of funded funds. If the donee fails to use the funds as agreed in the agreement or violates the agreement in other ways, the Foundation has the right to terminate the funding agreement. Article 41 The Foundation implements the unified national accounting system, conducts accounting according to law, establishes and improves the internal accounting supervision system, and ensures the legality, truthfulness, accuracy and completeness of accounting data. The Foundation accepts the tax supervision and accounting supervision implemented by the competent tax and accounting departments according to law. Article 42 The Foundation is equipped with accountants with professional qualifications. Accounting personnel shall not concurrently serve as cashiers. When an accountant transfers his job or leaves his post, he must go through the handover procedures with the recipient. Article 43 The business and accounting years of the Foundation are from 65438+ 10/to 65438+February 3 1. Before March 3 1 every year, the board of directors will consider and approve the following matters: (1) the business report and final accounts of the fund in the previous year; (2) Annual business plan and budget; (3) list of property. Article 44 The foundation shall conduct annual inspection, change, change of legal representative and liquidation, and conduct financial audit. Forty-fifth foundations shall, in accordance with the provisions of the Regulations on the Administration of Foundations, accept the annual inspection organized by the registration authority. Forty-sixth after passing the annual inspection by the registration authority, the foundation will publish the annual work report and financial report in the media designated by the registration authority, and accept the inquiry and supervision of the public.

chapter five

Termination and disposal of surplus property

Article 47 A foundation shall be terminated under any of the following circumstances: (1) Fulfilling the purpose stipulated in the articles of association; (two) unable to continue to engage in public welfare activities in accordance with the purposes stipulated in the articles of association; (3) Division or merger of foundations; (4) Dissolve by itself. Article 48 The termination of the foundation shall be reported to the competent business unit for approval within 15 days after the board of directors votes. Apply to the registration authority for cancellation of registration within 15 days after the approval of the competent business unit. Article 49 Before going through the cancellation of registration, the foundation shall set up a liquidation organization under the guidance of the registration authority and the competent business unit to complete the liquidation work. The foundation shall cancel the registration with the registration authority within 15 days from the date of liquidation; Activities other than liquidation shall not be carried out during the liquidation period. Article 50 The remaining property after the cancellation of the foundation shall be used for public welfare purposes under the supervision of the competent business unit and the registration administration organ in the following ways: continue to perform the signed contracts for cultural and artistic funded projects and other funded projects that conform to the purpose of the foundation. If it cannot be handled in the above way, the registration authority will organize donations to social welfare organizations with the same nature and purpose as the foundation and announce them to the public.

Chapter vi

Revision of articles of association

Article 51 Any amendment to the Articles of Association shall be reported to the competent business unit for approval within 15 days after the approval of the board of directors. After the examination and approval by the competent business unit, it shall be reported to the registration authority for approval.

Chapter VII

Supplementary rules

Article 52 The Articles of Association was adopted by the board of directors on February 29, 20 12. Article 53 The right to interpret the Articles of Association belongs to the Council. Article 54 The Articles of Association shall come into force as of the date of approval by the registration authority.